Opening Options

More Resources

Changes to legislation:

The Sexual Offences (Northern Ireland) Order 2008, SCHEDULE 2 is up to date with all changes known to be in force on or before 26 September 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to the whole Order associated Parts and Chapters:

Changes and effects

This section lists the changes and effects yet to be applied to the whole Order, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Order. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Order (including any effects on those provisions):

SCHEDULE 2N.I.Transitional and Transitory Provisions

Continuity of sexual offences lawN.I.

(a)a person (“the defendant”) is charged in respect of the same conduct both with an offence under this Order and with an offence specified in paragraph (2) (“the pre-commencement offence”);

(b)the only thing preventing the defendant from being found guilty of the offence under this Order is the fact that it has not been proved beyond a reasonable doubt that the time when the conduct took place was after the coming into force of the provision of this Order providing for the offence; and

(c)the only thing preventing the defendant from being found guilty of the pre-commencement offence is the fact that it has not been proved beyond a reasonable doubt that that time was before the coming into force of the repeal of the statutory provision providing for the offence.

(2) The offences referred to in paragraph (1)(a) are—

(a)an offence under section 167 of the Belfast Improvement Act 1845 (c. cxlii) (loitering for the purposes of prostitution);

(h)an offence under section 22 of the Children and Young Persons Act (Northern Ireland) 1968 (c. 34) (indecent conduct towards a child);

(i)an offence under section 9(1)(a) of the Theft Act (Northern Ireland) 1969 (c. 16) where the intended offence was rape;

(j)an offence under Article 9 of the Criminal Justice (Northern Ireland) Order 1980 (NI 6) (inciting girl under sixteen to have incestuous intercourse);

(k)an offence under Article 122 or 123 of the Mental Health (Northern Ireland) Order 1986 (NI 4) (protection of woman suffering from severe mental handicap, and protection of patients);

(l)an offence under Article 19, 20 or 21 of the Criminal Justice (Northern Ireland) Order 2003 (NI 13) (buggery, assault with intent to commit buggery, indecent assault on a male);

(m)an offence under any of the following provisions of the Sexual Offences Act 2003 (c. 42)—

(i)section 15 (meeting a child following sexual grooming etc.);

(ii)sections 16 to 19 (abuse of position of trust);

(iii)sections 47 to 50 (abuse of children through prostitution and pornography);

(iv)section 66 (exposure);

(v)section 67 (voyeurism);

(vi)section 69 (intercourse with an animal);

(vii)section 70 (sexual penetration of a corpse);

(viii)section 71 (sexual activity in a public lavatory);

(ix)section 72 (offences outside the United Kingdom).

(3) For the purpose of determining the guilt of the defendant it shall be conclusively presumed that the time when the conduct took place was—

(a)if the maximum penalty for the pre-commencement offence is less than the maximum penalty for the offence under this Order, a time before the coming into force of the repeal of the statutory provision providing for the pre-commencement offence; and

(b)in any other case, a time after the coming into force of the provision providing for the offence under this Order.

(4) In sub-paragraph (3) the reference, in relation an offence, to the maximum penalty is a reference to the maximum penalty by way of imprisonment or other detention that could be imposed on the defendant on conviction of the offence in the proceedings in question.

(5) A reference in this paragraph to an offence under this Order or to an offence specified in sub-paragraph (2) includes a reference to—

(a)inciting the commission of that offence;

(b)conspiracy to commit that offence; and

(c)attempting to commit that offence;

and, in relation to an offence falling within paragraphs (a) to (c), a reference in this paragraph to the provision providing for the offence so falling has effect as a reference to the provision providing for the offence under this Order or, as the case may be, for the offence so specified.

(6) This paragraph applies to any proceedings, whenever commenced, other than proceedings in which the defendant has been convicted or acquitted of the offence under this Order or the pre-commencement offence before the commencement of this Schedule.

Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 (NI 4)N.I.

2.—(1) Until Article 60 of, and Schedule 8 to, the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (NI 11) (repeals) come fully into force in relation to Schedule 1 to the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 (“the 2003 Order”), Schedule 1 to the 2003 Order (meaning of “offence against a child”) shall have effect with the following modifications.N.I.

(2) For the purposes of paragraph 1, the offences mentioned in Article 22(1)(a) include any offence under any provision of Part 3 of this Order.

(3) For the purposes of paragraph 2, the offences mentioned in Article 22(1)(b) include any offence under any provision of Part 2, Part 4 or Article 65 of this Order.

(4) A person falls within paragraph 3 if he commits an offence under Article 66 or 67 of this Order where—

(a)the intended offence was an offence under any provision of Part 3 of this Order, or

(b)the intended offence was an offence under any provision of Part 2, Part 4 or Article 65 of this Order, and the intended victim was a child (within the meaning of the 2003 Order).

Options/Help

Print Options

Print The Whole Order

Print This Schedule only

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Opening Options

Different options to open legislation in order to view more content on screen at once

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

the original print PDF of the as enacted version that was used for the print copy

lists of changes made by and/or affecting this legislation item

confers power and blanket amendment details

all formats of all associated documents

correction slips

links to related legislation and further information resources

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

the original print PDF of the as made version that was used for the print copy